An Assignment is a term used to encompass the transfer of rights from one party (assignor) to another party (assignee) by signing a document called the Deed of Assignment. The ownership of Intellectual Property including patents, designs, copyrights and trademarks can be assigned. The transfer of ownership is permanent and irrevocable.

Patents Assignment
Patents are transferable assets, and by the early 20th century it has been made possible to separate the person who makes an invention from the one who commercialises it.
  1. An Assignment of a Patent shall be executed between the patentee, and the other person interested in the title of the Patent.
  2. The agreement is made between the concerned parties satisfying the terms and conditions. Section 68 of the Indian Patents Act 1970 states that the assignments etc., are not valid unless written and duly executed.
  3. In order to Assign a patent, the Assignee has to file an application to the Controller for the registration of his title. (Section 69(1),(2),(3),(4) and (5)) and filing Form 16 before the Controller of Patents.

Copyright Assignment
The owner of the copyright in an existing work or the prospective owner of the copyright in future may assign the copyright to the interested person. IN case of assignment of copy right to future work the Assignment shall take effort only after the work comes into existence.
  1. The Deed of Assignment of copyright is not compulsorily registrable.
  2. Copy right is transmissible by assignment, by testamentary disposition or by operation of law, as personal or movable property.
  3. The Copyright is assignable either wholly or partially, either general or subject to conditions, either whole term or to the specific period.
  4. Thereafter the Assignee of the copyright deserves exclusive right on the work. Section 18 deals the Assignment of Copyright and disputes with respect to the copyright Assignment come under section 19 of Copy Right Act, 1957.

Trade Mark Assignment
  1. Section 38 of the Trade marks Act, 1999 deals with the assigning and transmitting the registered Trade Mark with or without good will.
  2. Under section 39 unregistered Trade Marks can be assigned or transmitted with or without goodwill.
  3. The Assignee has to submit the form TM 24 to the register for the Assignment of the Trade Mark.
  4. Joint request by the registered proprietor and transferee to register the transferee as subsequent proprietor of Trade Marks should be made in TM-23 under Section 45 and Rule 68.

Design Assignment
The person registered as the proprietor of a Design has power absolutely to assign, the registered Design.
  1. Under Section 30 of The Designs Act, 2000 the transfer of rights with regard to registered design can be executed by writing the agreement between the parties concerned in the form of a document embodying all the terms and conditions governing their rights and obligations.
  2. The Assignee of the Design should make an Application in FORM-12 to register his title with proof under Section 30 (2) of the Designs Act, 2000.

Geographical Assignment
A registered Geographical indication shall not be the subject matter of assignment, transmission, licensing, pledge, mortgage or any such other agreement. But on the death of an authorised user his right in a GI shall devolve on his successor in title under the law for the time being in force.
  1. A person interested to become an authorised user of a GI should apply in Form GI-3 A and the same is advertised in the GI journal for Opposition to enter into the register as authorised user under section 17 and rule 56 (1).
  2. If there is no Opposition the Registrar shall enter the Applicant as the authorised user of the Registered GI.